South Dakota Articles of Incorporation Domestic Nonprofit Corporation
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The South Dakota Articles of Incorporation Domestic Nonprofit Corporation will be required of every entity wishing to incorporate in the State of South Dakota as it must be submitted to and approved by the South Dakota Secretary of State. Filing requirements will vary from one type of nonprofit corporation to another type of corporation however every nonprofit corporation will need to submit this template form. It is worth noting that if the forming nonprofit has any intention of applying for Tax-Exempt Status with the Internal Revenue Service, it is likely required to include specific 501(c)(3) language in this filing. Incorporators are strongly encouraged to seek consultation with the I.R.S. before filling out this paperwork if this is the case. In all instances, Incorporators are expected to be fully familiar with this process and should consult an attorney before filling out this form.

This form must be submitted in duplicate. That is one original and photocopy must be received by the South Dakota Secretary of State as well as any additional filings or paperwork required for the type of nonprofit corporation being formed. The Filing Fee for the South Dakota Articles of Incorporation Domestic Nonprofit Corporation is $30. Payment must be received at the time of filing in order for this paperwork to be processed. This should be paid for with a check made out to “Secretary of State,” and mailed to Secretary of State Office, 500 E Capitol Ave, Pierre, SD 57501.

How To File

Download Form

Step 1 – Download the South Dakota Articles of Incorporation Domestic Nonprofit Corporation by selecting the link labeled “Download Form” above. Save this file to your computer. You may fill it out using a PDF editing program or print it then fill it out.

Step 2 – In Article I, enter the Full Name of the nonprofit corporation.

Step 3 – In Article II, define how long the nonprofit intends to operate. If the nonprofit corporation being formed by these articles intends to operate indefinitely then place a mark in the box labeled “Perpetual.” If the nonprofit corporation intends to dissolve on a specific date, mark the second box, then on the blank line following the words “…what is that date,” enter the Date of Dissolution for this nonprofit corporation.

Step 4 – In Article III, enter the Purpose of forming this nonprofit corporation and describe how it will operate in the State of South Dakota in the box provided.

Step 5 – In Article IV, check the first box if this corporation will have members. If this corporation will not have members then check the second box.

Step 6 – If this corporation will have members then use the box in Article V to describe the classes of members, each class’s qualifications, and each class’s rights.

Step 7 – If the Directors of this nonprofit corporation are not elected or appointed by any class of members, then define the process by which a Director is determined in Article VI.

Step 8 – In Article VII, document any and all Provisions that will regulate the internal affairs of this nonprofit corporation (including upon its dissolution) in the box provided.

Step 9 – In Article VIII, you will need to define the Type, Identity, and Physical Location of the Registered Agent obtained by the nonprofit to receive court generated documents aimed at the nonprofit corporation on behalf of the nonprofit corporation. You may only choose section a, b, or c to fill out. If the Registered Agent is an individual then you must fill out only section “a.” If so, then on the first blank line in this section, report the Full Name of the Registered Agent. Then on the second blank line, enter the Full Address of the Registered Agent’s Registered Office (Street Address, City, State, and Zip Code). If the Registered Agent has a separate Mailing Address, then you must report the Full Mailing Address on the second blank line. You may enter the Registered Agent’s Email Address on the third blank line if desired. If the Registered Agent is a commercial Registered Agent, then fill in section “b.” On the blank line labeled “Name,” enter the Full Name of the Registered Agent. Then, on the blank line labeled CRA#, report the Registered Agent’s Commercial Registered Agent Number as it is registered with the South Dakota Secretary of State. If the Registered Agent is an Office in the corporation, then on the first blank line enter the Title or Office of the Registered Agent. Then on the second blank line, enter the Business Office’s Actual Street Address, City, State, and Zip Code of the Registered Office. Finally, if desired you may report the Registered Agent’s Email Address on the third blank line.

Step 10 – In Article IX, you must document the Directors of this nonprofit corporation. On the blank line following the words “The number of directors constituting the initial board of directors,” enter the Total Number of Directors serving this corporation at the time of formation. There must be at least three. Below this will be enough room to report the Full Name, Street Address, City, State, and Zip Code for five Directors. You may continue this Roster on a separate document that is clearly labeled then attached.

Step 11 – In Article X, report the Full Name, Street Address, City, State, and Zip Code of each Incorporator. There will be enough room for five Incorporators. If there are more than five, you should continue this report on a separate and clearly labeled document.

Step 12 – Below the acknowledgement paragraph, each Authorized Officer forming this corporation must provide a Date of Signature on the left side of the page then provide his or her Signature, Printed Name, and Title on the right side of the page.

Step 13 – Once you  have verified all the information you entered is correct and up to date and have made a copy of the completed form, take the original and photocopy of the South Dakota Articles of Incorporation Domestic Nonprofit Corporation, all required paperwork, a check made out to “Secretary of State” for $130.00 then file by mail to the South Dakota Secretary of State.

Mail To:

Secretary of State Office
500 E Capitol Ave
Pierre, SD 57501